In need of desperate help with claim against me

[stamati76]

Hi Everyone,

I am in a panic because the date is drawing to a close when I have to appear in court for a claim for student fees by my University.

Basically, i was told by the Student Loans Company that I would be eligible for a loan which was reviewed, by the University's own enquiries and accepted for me to continue the course. In January of 2014, I was told by the Student Loans Company that i would not be eligible.

Consequently the University blocked all of my IT and library facilities, although i was encouraged by lecturers and staff to continue with the course because we felt that this was an error by the Students Loan Company,

Then, in March, the University closed down the department to which my course was associated with and made 98% of the lecturers redundant. This caused a lot of disturbances within the department and had consequences on the quality of the course since a lot of the expertise was lost.

Finally, the University did not register me for the end of year exam and withheld all my grades and coursework.

For these reasons i feel that any contract that i may have signed was not in adherence with any legal fairness and therefore, the contract should be cancelled.

My court date is in 4 weeks and a must file a defence within the next 7 days! I approached a solicitor who charged me £300 and wants another £9000 to defend my case! Please help, please!

[judgemental24]

Re: In need of desperate help with claim against me

I have to ask

How can you be given a court date if you have yet to submit a defence??

[stamati76]

Re: In need of desperate help with claim against me

Hi judgemental24,

Thanks for taking the time and reading my situation. It seems that unknowingly, I sent an incompetent defence about one year ago. As I did not mention all the details I wish to rely on in my defence. The court is waiting for documents and what we will be relying on at court, I believe. I think my defence submitted simply explains that the Student Loans Company had been incompetent and not all the details explained above.

[nemesis45]

Re: In need of desperate help with claim against me

Hi Everyone,

I am in a panic because the date is drawing to a close when i have to appear in court for a claim for student fees by my University.

Basically, i was told by the Student Loans Company that i would be elibible for a loan which was reviewed, by their own enquiries and accepted by the University. In January of 2014 i was told by the Student Loans Company that i would not be eligible.

Consequently the University blocked all of my IT and library faciities, although i was encouraged by lecturers and staff to continue with the course because we felt that this was an error by the Students Loan Company,

Then, in March, the University closed down the department to which my course was associated with and made 98% of the lecturers redundant. This caused a lot of disturbances within the department and had consequences on the quality of the course since a lot of the expertise was lost.

Finally, the University did not register me for the end of year exam and withheld all my grades and coursework.

For these reasons i feel that any contract that i may have signed was not in adherence with any legal fairness and therefore, the contract should be cancelled.

My court date is in 4 weeks and a must file a defence within the next 7 days! I approached a solicitor who charged me £300 and wants another £9000 to defend my case! Please help, please!

Hi,
Who is actually making the claim against you and how much for?
Do you have a copy of the agreement? What do you mean by may have signed?

nem

[stamati76]

Re: In need of desperate help with claim against me

The University is making the claim against me.

No, i never received an agreement, but the University said i signed one during enrollment. Should i get a copy of this? They are closed until Monday! Would it not be on their website?

[nemesis45]

Re: In need of desperate help with claim against me

The University is making the claim against me.

No, i never received an agreement, but the University said i signed one during enrollment. Should i get a copy of this? They are closed until Monday! Would it not be on their website?

I don't know about the website I'm afraid.
Yes demand a copy of the contract/agreement from the university, they have to disclose this at least 14 days prior to the hearing anyway.

You could help us by posting a redacted copy of the N1 claim form if you can please.

Which Uni is this please?

nem

[stamati76]

Re: In need of desperate help with claim against me

I have just searched through my documents received by the county court but cannot find an N1 form. Lots of N24 forms. I have emailed and phoned the court recently and they have said that the claimant has not yet put forward any documents. Although i know, from previous actions such as payments to the court and an objection put forward when i tried to postpone court proceedings, while I arrange a second external mediation settlement (which was not progressed), that the University solicitor and University is pursuing this.

Kingston University London

[nemesis45]

Re: In need of desperate help with claim against me

I have just searched through my documents received by the county court but cannot find an N1 form. Lots of N24 forms. I have emailed and phoned the court recently and they have said that the claimant has not yet put forward any documents. Although i know, from previous actions such as payments to the court and an objection put forward when i tried to postpone court proceedings, while I arrange a second external mediation settlement (which was not progressed), that the University solicitor and University is pursuing this.

Kingston University London

Ok the for NI is the actual claim form, giving the statement of claim, the claimants details etc. Has the claim No. Top RH corner.
N24 is General Form of Judgement or Order. What order (s) have been made by the court.

nem

nem

[stamati76]

Re: In need of desperate help with claim against me

So should i get a copy of this? What are my next steps? The order is to attend court on the 2nd December and to provide statements 3 weeks before that date

[nemesis45]

Re: In need of desperate help with claim against me

So should i get a copy of this? What are my next steps? The order is to attend court on the 2nd December and to provide statements 3 weeks before that date

If the Uni has issued a claim the N1 form is the first form you receive.

Get you (witness) statement prepared.

nem

[stamati76]

Re: In need of desperate help with claim against me

I am unsure where the N1 form is but they have obviously issued a claim otherwise i wouldn't have to attend court. Besides i know it is for the first year of tuition fees.

Can anyone here help with a statement? Is there any other advice except for getting a copy of the contract agreement and writing out a statement?

[nemesis45]

Re: In need of desperate help with claim against me

I am unsure where the N1 form is but they have obviously issued a claim otherwise i wouldn't have to attend court. Besides i know it is for the first year of tuition fees.

Can anyone here help with a statement? Is there any other advice except for getting a copy of the contract agreement and writing out a statement?

Hi I'm unsure if this " loan" is one regulated by the Consumer Credit Act 1974, which is why I was asking about
the actual claim form the status of the loan would have been quoted in the Particulars of Claim.
We could try winging it by making a request under Civil Procedure Rule 31.14 which is a
request for documents mentioned in the Particulars of Claim ( no fee). Just asking for the agreement
relating to the alleged debt.
Is the UNI legal dept. handling this?

nem

[stamati76]

Re: In need of desperate help with claim against me

I believe they are going down the 'contract' route. What i mean is, attending the University course has automatically enforced a contractual agreement between myself and the Uni.

This is not a loan agreement, but due to the Student Loan Company not agreeing in lending me the money for my University fees, Kingston have now approached me directly for the first year, which i completed (although was made unbearable with the fiasco at Uni). My argument is that any contract agreement was broken because of the changes made to the course, the consequential disturbances, quality of course and withholding my exam and coursework (which they have already faced legal sanctions for) https://www.timeshighereducation.com...177375.article.

No a solicitors called Hadfield and Co\

Am i going to be able to get all this by Wednesday?

[Amethyst]

Re: In need of desperate help with claim against me

Could you please tell us what the other N24 forms you have state. One will be notification that your defence has been struck out and giving you the new date by which to submit your defence. ( which is what 12th Nov ?)

what are the others?

was your defence out by the courts own motion or following an application by the claimant.

Yes you do need a copy of the contract you signed with the University - little bit late for that. How much is the claim against you for ? If over £10k then the case may be in fast track. and there should be standard disclosure when the contract will be required.

And how much were the fees ?


Your defence is based on these points. So looking at probably a reduced amount due to the failure to provide you with the service.

Consequently the University blocked all of my IT and library facilities, although i was encouraged by lecturers and staff to continue with the course because we felt that this was an error by the Students Loan Company,

Then, in March, the University closed down the department to which my course was associated with and made 98% of the lecturers redundant. This caused a lot of disturbances within the department and had consequences on the quality of the course since a lot of the expertise was lost.

Finally, the University did not register me for the end of year exam and withheld all my grades and coursework.

For these reasons i feel that any contract that i may have signed was not in adherence with any legal fairness and therefore, the contract should be cancelled.

have you been through the whole process with Student loans company about being turned down ? why were you turned down ? ( just in case that is relevant)

[stamati76]

Re: In need of desperate help with claim against me

But i have never seen any details or letters to me regarding my defence. I am even more perplexed now, i will sift through the correspondence and note what was sent, in a follow-up message.


was your defence out by the courts own motion or following an application by the claimant.

Not that I know of. I have never been made aware of applications by the claimant and always replied to all the court letters, although by what you are telling me I have been exceptionally naive and missed a lot of information.

The claim is for £8750

have you been through the whole process with Student loans company about being turned down ? why were you turned down ?

I had been to another University in 1997. When i went to register online this time around, the database recognised my name and national insurance number, as a previous student. However, not aware of my student id, which was required to register online (it had been18 years), i phoned the Sudent Loans Company for this information. When i called they asked me several security questions, which i failed to pass because of their own incompetence. They later listened to the telephone conversations, then apologised and sent £10 for the phone calls.

After the telephone converation with the Student Loans Company i applied online, using my abbreviated name. My father is Greek and i rarely use the full, formal version. \ Within the application, we were asked to provide our 'other names', national insrance and prevous study. Following the application i called SLC and explained my registration being in an abbreviated name.

Anyway, unbeknown to me, a portion of my debt had been sold off to a company. I paid off my debt to the Student Finance England but never aware of another business called Link, who in 2009 sold a portion of that debt to Erudio Loans (it gets complicated).

So, during my application and after months of enquiries, by myself and staff at Kingston University, we were advised that i was eligible for a student loan and then, finally, in December i received a letter to say i was not eligible because i owed money to 'other businesses'.

I have written letters for two years via my MP. They apologised, made some excuses, gave me £10 (for the phone calls), offered another £50. I was told it would cost me £30,000, at least, to take civil action for negligence.

My main concern is a statement they want mid-week